Roscommon man acquitted of killing mother appeals acquittal

Mr Justice John Edwards says man was not a convicted person in respect of murder

Paul Henry appealed against his acquittal  in the Court of Appeal, however, the three-judge court queried whether it had jurisdiction to do so. Photograph: Frank Miller
Paul Henry appealed against his acquittal in the Court of Appeal, however, the three-judge court queried whether it had jurisdiction to do so. Photograph: Frank Miller

A Roscommon man acquitted of murdering his mother on mental health grounds last year has brought an appeal against his acquittal.

Paul Henry (29), who lived with his mother Ann Henry at the time, had pleaded not guilty to her murder at Abbeystown, Roscommon, in September 2011.

A jury acquitted Henry of the murder by reason of insanity at a Castlebar sitting of the Central Criminal Court and he was sent to the Central Mental Hospital by Mr Justice Paul Carney on May 7th, 2014.

Henry appealed against his acquittal yesterday in the Court of Appeal, however, the three-judge court queried whether it had jurisdiction to do so.

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Mr Justice George Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice John Edwards, said the issue had only come to their attention moments before the court was due to sit.

Mr Justice Edwards said Henry was not a convicted person in respect of murder.

He was liable to be detained at the discretion of the State but he didn’t have a criminal record and the State had vindicated his good name.

The case was put back to March 5th next.